Immigrarion DMV latest

On February 17^th, the New York State Supreme Court issued a temporary restraining order against the Department of Motor Vehicles (DMV) policy of denying driver’s license renewals based on immigration status. After the court order was issued, immigrants who went into DMV to renew their licenses found that DMV staff either did not know about the order or flatly refused to comply with it. Several immigrants had their licenses seized and were told they would be investigated.

Subsequently, on February 22^nd, the State of New York filed an appeal, which it claimed automatically suspends the temporary restraining order, thereby creating even greater confusion among immigrant drivers who had hoped to renew their licenses.

The initial order from Judge Karen S. Smith was the first major news in a lawsuit filed by the Puerto Rican Legal Defense and Education Fund (PRLDEF) against the DMV and Governor Pataki concerning their new policy of imposing immigration-status requirements for drivers’ licenses. In her remarks, the judge recognized that DMV should not be enforcing immigration laws and that its policies are harming immigrant New Yorkers.

The court has not issued a final decision on the case. In the meantime, immigrants should not go to DMV if they cannot satisfy the current immigration-status requirements for a license. PRDLEF has set up a hotline to provide updates on the status of the case: 212-739-7584 (English) and 212-739-7495 (Spanish).

Immigrant advocates are planning a March for Drivers’ Licenses! in Queens on Saturday, March 5^th

March 4th - Immigration

House Passes REAL ID Act; Strong Opposition Expected in Senate

On February 10^th, the House of Representatives passed the REAL ID Act (H.R. 418) in a 261 to 161 vote. Among other things, the bill would raise the burden of proof for asylum-seekers and impose federal standards on state-issued drivers’ licenses that would force states to deny licenses to undocumented immigrants. Amendments also were passed to give unprecedented power to bail bondsmen to arrest and detain immigrants in removal proceedings, to enter people convicted of using false drivers’ licenses at airports into aviation-security lists, and to implement a pilot program on ground-surveillance technologies on the border and strengthen communication on the border between federal, state, and local enforcement.

Representative James Sensenbrenner (R-WI), the bill’s chief sponsor, is reportedly seeking to attach the REAL ID Act to a “must-pass” supplemental appropria-tions bill that would fund military operations in Iraq and Afghanistan and tsunami relief efforts. The House is expected to vote on the appropriations bill, most likely with the REAL ID Act attached, during the week of March 14^th. At that point, the Senate, which has said it prefers a “clean” appropriations bill without any add-ons, would consider the bill. Even if the Senate passes a “clean” appropriations bill, however, there is great danger that parts of the REAL ID Act may be negotiated into the final appropriations bill when selected House and Senate members meet in conference committee to hammer out the final compromise version of the bill.

It is critical that you urge Senators Schumer and Clinton to reject the REAL ID Act

Call Senators Schumer (202-224-6542) and Clinton (202-224-4451) on Thursday, March 3^rd and urge them to oppose the REAL ID Act! An action alert and talking points are available at www.thenyic.org.

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